Opinion
Argued January 11, 1949
Decided February 24, 1949
Appeal from the Supreme Court, Appellate Division, Fourth Department, PAUL, S.
Ralph Saft for appellant.
Louis W. Manchester and George M. Raikin for respondents.
Order of Appellate Division and decree of Surrogate's Court reversed, with costs in all courts payable out of the estate, and matter remitted to Surrogate's Court with directions to admit the will to probate. On this record there is no evidence presented requiring the submission of the case to the jury, and the proponent's motion for a direction of a verdict should have been granted. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ.